Interpreters Must Adhere to Rules of Professional Conduct

In every profession, we have those on the cutting edge, as
well as those who believe there is no school like the old school. As legal
professionals hone their abilities, a monkey wrench is often hurled at them
when the services of a certified court interpreter are required. For those who
have never been trained, it can be daunting.

Since 1989, I have worked as a legal secretary/assistant. Since 2007, attorneys have retained my
interpreting services. In my experience,
I have yet to cross paths with an attorney who is worried about speaking or
looking the wrong way that would induce my rebuke.

On June 21, 2006, in South Carolina, Chief Justice Jean H.
Toal, and Justices James E. Moore, John H. Waller, Jr. J., E. C. Burnett, III,
and Costa M. Pleicones executed an Order amending the South Carolina Appellate
Court Rules to add Rule 511, Rules of Professional Conduct for Court
Interpreters. In its Preamble, it
states, “As officers of the court,
interpreters help assure that such persons may enjoy equal access to justice
and that court proceedings and court support services function efficiently and
effectively. Interpreters are highly
skilled professionals who fulfill an essential role in the administration of
justice. Anyone serving as a court interpreter should be required to
understand and abide by the precepts set out in these Rules. Judges and attorneys should also become
familiar with the Rules and expect conduct from interpreters that is consistent
with them.” (emphasis added)

In last month’s blog, the author mentioned that after
advising counsel to speak directly to the LEP deponent once, a continual
barrage “only slows down communication, creates irritability and bad will.”
That may well be true. However, if the source message is “Ask Mr. Rodriguez
where he was the morning of the accident,” and the interpreter renders into the
target language, “where were you the morning of the accident?” then we technically
have a breach of ethics.

SCACR
§511, Rule 1, Accuracy and Completeness of Interpretation: Interpreters shall render a complete and
accurate interpretation, or sight translation, without altering, … The Commentary
mentions that accuracy and completeness of interpretation creates an obligation
to conserve every element of information contained in a source language
communication when it is rendered in the target language.

There are two solutions at the ready. Prior to the start of the deposition, the
interpreter apprises the court reporter that if the lawyer speaks in the third
person, the interpretation will also be in the third person. If this is problematic for the court
reporter, she can follow up with the attorney.
Additionally, when the interpreter meets the deposing attorney before
the deposition, she can state that if the lawyer formulates questions as, “ask
her how…,” the rendition will also be made in the third person, resulting in a
cumbersome transcript for the attorney to review.

For instance, earlier this month in court, the attorney interrogated
the witness about an incident in October of this year. We are only a few weeks into 2019, so it’s
not this year. However, I rendered the
source message without alteration into Spanish.
After mentioning October of this year a few times, counsel corrected
himself and stated 2018.

At times, court interpreters are asked to explain forms to
LEP individuals. Technically, that is
not interpreting; it is practicing law without a license (an imprisonable
offense). Furthermore, it conflicts with
SCACR §511, Rule 7, Scope of Practice.Sight translation of forms is within
the scope of our practice.

SCACR §511, Rule 9 Duty to
Report Ethical Violations: Interpreters
shall report to the proper judicial authority any effort to impede their
compliance with any law, any provision of these Rules, or any other judicial
policy governing court interpreting and legal translating. The Commentary warns
that because the users of interpreting services frequently misunderstand the proper role of
the interpreter, they may ask or expect the interpreter to perform duties
or engage in activities that conflict with the provisions of these Rules
or other laws, regulations, or policies governing court interpreters. It is
incumbent upon the interpreter to inform such persons of his or her
professional obligations.

Certified court interpreters are highly skilled
professionals and it is their responsibility to notify others of her
professional obligations and limitations.
If a lawyer or doctor were to violate his ethics or other Rules of
Professional Conduct, disciplinary measures can be taking, including revocation
of license to practice law or medicine.
Interpreters can also be chastised for violating ethics.

Regardless of how great our knowledge, skills, and
abilities are in our chosen profession, people enjoy working with likable and
trusted fellow officers of the court. A friendly
attitude, interpersonal skills, an open mind, and a sense of humor will result
in all officers of the court, attorneys, certified court interpreters (CCI),
and certified verbatim reporters (CVR) and certified court reporters (CCR), to
respect each other’s role in the administration of justice.